Fighting For Workers’ Rights In Wage And Hour Claims
Federal law protects workers from unfair employment practices when it comes to wages, hours worked, and even the terms and conditions of employment. If you suspect that you are being treated unfairly by your employer, contact us at Robinson & Clapham, and we can help you determine whether your employer has violated state or federal law.
Below are just a few questions to consider:
- Have you been forced to work off the clock without pay?
- Do you work more than eight hours a day or 40 hours a week without overtime pay?
- Does your employer refuse to let you take meal or rest breaks, or make you take all meal breaks off the clock?
- Did your boss tell you that you are not entitled to be compensated for overtime because you are a salaried employee?
- Are you being paid less than the minimum wage?
If you are not being compensated fairly or in compliance with the law, you and your co-workers may be entitled to relief under the Fair Labor Standards Act (FLSA). We are dedicated to standing up for the rights of workers who have not been compensated for working overtime, working off the clock or taking illegal, unpaid meal breaks.
Why Direct Attorney Access Matters In Wage And Hour Cases
Time is critical in wage claims. The statute of limitations for FLSA violations is only two years, or three years if the violation was willful. Every day that passes is another day of evidence that could be lost.
When you contact Robinson & Clapham, you will speak directly with an experienced employment law attorney, not an intake coordinator or paralegal. Wage theft cases require immediate action to preserve critical evidence before it disappears. Pay stubs get discarded, time records are altered and witnesses’ memories fade.
Our direct-access approach means you can reach your lawyer immediately when something happens at work. We share our direct contact information because your case can’t wait. Having experienced attorneys involved from day one allows us to guide you on preserving evidence while you’re still employed, avoiding actions that could jeopardize your claim.
The Cost Of Wage Theft: Calculating What You’re Owed
Many workers underestimate the value of their wage and hour claims. Federal law provides multiple forms of compensation that make even small daily violations add up to substantial recovery amounts.
Back pay covers the unpaid wages you should have received. The FLSA also allows liquidated damages equal to the unpaid wages, doubling your recovery. Attorney fees are paid by your employer when you prevail, and unpaid wages accrue interest over time.
Consider this example: A restaurant requires servers to arrive 30 minutes early and stay 30 minutes late without pay. That’s one hour per shift. For someone working five shifts weekly:
- 260 unpaid hours per year x $14/hour = $3,640 in unpaid wages
- Add liquidated damages = $7,280 total
- Multiply by three years = potentially over $21,000
This shows how “just 30 minutes” becomes a significant claim when properly calculated.
Protecting Yourself While Still Employed
Building a strong case requires documentation, but you must gather evidence carefully. We guide clients on protecting their claims while still employed.
Keep personal records of hours worked using a notebook or phone app that your employer cannot access. Preserve pay stubs and time records by making copies or taking photos. Save emails and text messages regarding your hours and pay.
The most valuable evidence includes your own time records, pay stubs, communications about work schedules and testimony from co-workers experiencing the same violations.
Do not take confidential documents or access files you’re not authorized to view. Instead, photograph documents you’ve legitimately received and keep personal records based on your observations. We help you understand what evidence you can legally preserve without putting your job at unnecessary risk.
Seeking Justice For Rhode Island Workers Harmed By Wage And Hour Violations
One of the most common ways employers attempt to get around paying overtime is by misclassifying workers as supervisors or independent contractors, who are overtime-exempt. For example, our employment law attorneys represented a scheduler who was classified as an independent thinker by her employer and, therefore, not eligible for overtime payments. In our wage and hour lawsuit, we proved that the scheduler was eligible for overtime pay because she had a boss who told her what to do and, therefore, shouldn’t have been classified as an independent thinker.
Overtime pay is only one of the requirements of the FLSA. This federal law also covers the payment of incentives and commissions, employee chargebacks, and unpaid wait time. Unpaid wait time is any time that you are required to be at work before your paid work begins.
For example, some companies require employees to show up 15 minutes before their shift begins to change into their work uniforms. Other employers expect employees to be on call without compensation. In one case our lawyers handled, a bank employer expected an employee to log onto 14 different computer systems before her paid work shift began. All of these are examples of unpaid wait time and are illegal under federal law.
Contact Our Providence Or Wakefield Law Offices For An Informational Meeting
If your employer is violating federal labor laws by not compensating employees for working overtime, working off the clock or during required meal and rest breaks, contact us for a free consultation with an experienced wage and hour claim attorney by calling 401-661-8287 (Providence) or 401-783-3600 (Wakefield), or by submitting an online contact form.